Santosh Rai @ Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45331 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- SUPPI District- Sitamarhi ====================================================== SANTOSH RAI @ SANTOSH KUMAR YADAV Son of Late nand Kishore Rai Resident of Village - Panchhor, P.S.- Riga, dist.- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in connection with Suppi P.S. Case No. 96 of 2019, disclosing offences under Sections 272, 273 and 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (for short 'the Act of 2016').

In view of the bar under Section 76(2) of the Act of 2016 and the Full Bench decision rendered in the case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019 (2) PLJR 1089, this application cannot be maintained and is accordingly dismissed.

However, the petitioner is directed to surrender in the court below within four weeks from today and seek regular bail,

Patna High Court CR. MISC. No.45331 of 2019(2) dt.23-07-2019 2/2 if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T